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774 So. 2d 693

Docket No. SC99-28.

Townsend v. State

Dean A. TOWNSEND, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided December 7, 2000.

Supreme Court of Florida · decided 2000-12-07

Cited by 5 later decisions — most recently June 2005

5 state decisions

Key passage — most relied on by later courts

“WHERE THE STATE LAYS THE THREE-PRONGED PREDICATE FOR ADMISSIBILITY OF BLOOD ALCOHOL TEST RESULTS IN ACCORDANCE WITH THE ANALYSIS SET FORTH IN ROBERTSON V. STATE, 604 So.2d 783 (Fla.1992), THEREBY ESTABLISHING THE SCIENTIFIC RELIABILITY OF THE BLOOD-ALCOHOL TEST RESULTS, IS THE STATE ENTITLED TO THE LEGISLATIVELY CREATED PRESUMPTIONS OF IMPAIRMENT?”

quoted by 1 later decision, including 788 So. 2d 962 - McBride v. State

Relies on 604 So. 2d 783 - Robertson v. State · 775 So. 2d 950 - State v. Miles · Ingold v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-12-07

View the full empirical analysis of this case →

¶1Clinton A. Curtis and Kristen M. Buzzanca of Peterson & Myers, P.A., Winter Haven, Florida, for Petitioner.

¶2Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Susan D. Dunlevy, Assistant Attorney General, Tampa, Florida, for Respondent.

¶3PER CURIAM.

¶4We have for review a decision on the following question certified to be of great public importance:

WHERE THE STATE LAYS THE THREE-PRONGED PREDICATE FOR ADMISSIBILITY OF BLOOD-ALCOHOL TEST RESULTS IN ACCORDANCE WITH THE ANALYSIS SET FORTH IN ROBERTSON V. STATE,604 So.2d 783 (Fla.1992), THEREBY ESTABLISHING THE SCIENTIFIC RELIABILITY OF THE BLOOD-ALCOHOL TEST RESULTS, IS THE STATE ENTITLED TO THE LEGISLATIVELY CREATED PRESUMPTIONS OF IMPAIRMENT?

¶5State v. Townsend,746 So.2d 495, 497 (Fla. 2d DCA 1999). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in State v. Miles,775 So.2d 950 (Fla.2000), wherein we held (1) the absence of appropriate standards with respect to the maintenance of blood samples drawn pursuant to the implied consent law renders rule 11D-8.012, Florida Administrative Code, inadequate and (2) the statutory presumptions of impairment are not applicable where the mandate for quality assurance under the implied consent statutory scheme is not enforced. Accordingly, we quash the decision of the Second District in part, approve it in part, and remand for proceedings consistent with our decision in Miles.

¶6It is so ordered.

¶7*694 SHAW, HARDING, ANSTEAD, PARIENTE and QUINCE, JJ., concur.

¶8WELLS, C.J., and LEWIS, J., dissent.

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